BILL NUMBER: SB 2090	CHAPTERED  09/30/00

	CHAPTER   1009
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   JUNE 22, 2000
	AMENDED IN SENATE   APRIL 11, 2000
	AMENDED IN SENATE   MARCH 28, 2000

INTRODUCED BY   Senator Murray

                        FEBRUARY 25, 2000

   An act to amend Sections 8017 and 8027 of the Business and
Professions Code, relating to shorthand reporters.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 2090, Murray.  Shorthand reporters.
   (1) Existing law provides for a comprehensive scheme for the
regulation of the practice of shorthand reporting, defined as the
making by means of written symbols or abbreviations in shorthand or
machine shorthand of a verbatim record of any oral court proceeding,
deposition, or proceeding before any grand jury, referee, or court
commissioner and the accurate transcription thereof.
   This bill would additionally define the practice for those
purposes to include making a verbatim record of any court ordered
hearing and would specify that nothing within this definition
requires  the use of a certified shorthand reporter when not
otherwise required by law.
   (2) Under existing law, the Court Reporters Board in the
Department of Consumer Affairs specifies the course of study for a
court reporting program and requires schools providing this program
to immediately notify it of the discontinuance or pending
discontinuance of the school or program.
   This bill would specify that a school is required to offer all
components of the minimum prescribed course of study established by
the board and to immediately notify the board, and any student who is
to be enrolled after this notice is sent, of the discontinuance or
pending discontinuance of its court reporting program or any
component of the program.  This bill would also require the school to
discontinue the court reporting program in its entirety within 2
years of sending this notice to the board, unless this period is
extended by the board, as specified.
   (3) Because a violation of any of the provisions regulating the
practice of shorthand reporters is a misdemeanor, this bill would
impose a state-mandated local program by creating a new crime.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 8017 of the Business and Professions Code is
amended to read:
   8017.  The practice of shorthand reporting is defined as the
making, by means of written symbols or abbreviations in shorthand or
machine shorthand writing, of a verbatim record of any oral court
proceeding, deposition, court ordered hearing or arbitration, or
proceeding before any grand jury, referee, or court commissioner and
the accurate transcription thereof.  Nothing in this section shall
require the use of a certified shorthand reporter when not otherwise
required by law.
  SEC. 2.  Section 8027 of the Business and Professions Code is
amended to read:
   8027.  (a) As used in this section, "school" means a court
reporter training program or an institution that provides a course of
instruction approved by the board, and is approved by the Council
for Private Postsecondary and Vocational Education, is a public
school in this state, or is accredited by the Western Association of
Schools and Colleges.
   (b) A court reporting school shall be primarily organized to train
students for the practice of shorthand reporting, as defined in
Sections 8016 and 8017.  Its educational program shall be on the
postsecondary or collegiate level, and shall be a residence program;
its educational program shall not be a correspondence program.  It
shall be legally organized and authorized to conduct its program
under all applicable laws of the state, and shall conform to and
offer all components of the minimum prescribed course of study
established by the board.  Its records shall be kept and shall be
maintained in a manner to render them safe from theft, fire, or other
loss.  The records shall indicate positive daily and clock-hour
attendance of each student, apprenticeship and graduation reports,
high school transcripts or equivalent, or self-certification of high
school graduation or equivalency,  transcript of other education, and
student progress to date.
   (c) Any school intending to offer a program in court reporting
shall notify the board within 30 days of the date on which it
provides notice to, or seeks approval from, the California Department
of Education, the Council for Private Postsecondary and Vocational
Education, the Chancellor's Office of the California Community
Colleges, or the Western Association of Schools and Colleges,
whichever is applicable.  The board shall review the proposed
curriculum and provide the school tentative approval, or notice of
denial, within 60 days of receipt of the notice.  The school shall
apply for provisional recognition pursuant to subdivision (d) within
no more than one year from the date it begins offering court
reporting classes.
   (d) The board may grant provisional recognition to a new court
reporting school upon satisfactory evidence that it has met all of
the provisions of subdivision (b) and this subdivision.  Recognition
may be granted by the board to a provisionally recognized school
after it has been in continuous operation for a period of no less
than three consecutive years from the date provisional recognition
was granted, during which period the school shall provide
satisfactory evidence that at least one person has successfully
completed the entire course of study established by the board and
complied with the provisions of Section 8020, and has been issued a
certificate to practice shorthand reporting as defined in Sections
8016 and 8017.  The board may, for good cause shown, extend the
three-year provisional recognition period for not more than one year.
  Failure to meet the provisions and terms of this section shall
require the board to deny recognition.  Once granted, recognition may
be withdrawn by the board for failure to comply with the
requirements of this section.
   (e) Application for recognition of a court reporting school shall
be made upon a form prescribed by the board and shall be accompanied
by all evidence, statements, or documents requested.  Each branch,
extension center, or off-campus facility requires separate
application.
   (f) All recognized and provisionally recognized court reporting
schools shall notify the board of any change in school name, address,
telephone number, responsible court reporting program manager, owner
of private schools, and the effective date thereof, within 30 days
of the change.  All of these notifications shall be made in writing.

   (g) A school shall notify the board in writing immediately of the
discontinuance or pending discontinuance of its court reporting
program or any of the program's components.  Within two years of the
date this notice is sent to the board, the school shall discontinue
its court reporting program in its entirety.  The board may, for good
cause shown, grant not more than two, one-year extensions of this
period to a school.  If a student is to be enrolled after this notice
is sent to the board, a school shall disclose to the student the
fact of the discontinuance or pending discontinuance of its court
reporting program or any of its program components.
   (h) The board shall maintain a roster of currently recognized and
provisionally recognized court reporting schools including, but not
limited to, the name, address, telephone number, and the name of the
responsible court reporting program manager of each school.
   (i) The board shall maintain statistics which display the number
and passing percentage of all first-time examinees, including, but
not limited to, those qualified by each recognized or provisionally
recognized school and those first-time examinees qualified by other
methods as defined in Section 8020.
   (j) Inspections and investigations shall be conducted by the board
as necessary to carry out this section.
   (k) All recognized and provisionally recognized schools shall
print in their school or course catalog the name, address, and
telephone number of the board.  At a minimum, the information shall
be in 8-point bold type and include the following statement:

   "IN ORDER FOR A PERSON TO QUALIFY FROM A SCHOOL TO TAKE THE STATE
LICENSING EXAMINATION, THE PERSON SHALL COMPLETE A PROGRAM AT A
RECOGNIZED SCHOOL.  FOR INFORMATION CONCERNING THE MINIMUM
REQUIREMENTS THAT A COURT REPORTING PROGRAM MUST MEET IN ORDER TO BE
RECOGNIZED, CONTACT:  THE COURT REPORTERS BOARD OF CALIFORNIA;
(ADDRESS); (TELEPHONE NUMBER)."

   (l) Each court reporting school shall file with the board, not
later than June 30 of each year, a current school catalog which shows
all course offerings and staff, and for private schools, the owner,
except that where there have been no changes to the catalog within
the previous year, no catalog need be sent.  In addition, each school
shall also file with the board a statement certifying that the
school is in compliance with all statutes and the rules and
regulations of the board, signed by the responsible court reporting
program manager.
   (m) No school offering court reporting shall make any written or
verbal claims of employment opportunities or potential earnings
unless those claims are based on verified data and reflect current
employment conditions.
   (n) Any person teaching an academic course, that is a course other
than machine shorthand or typing, in a court reporting program shall
meet one of the following criteria:
   (1) Possess a minimum of an Associate of Arts degree and, in
addition, either a minimum of two years of experience teaching the
subject being taught or at least two years' work experience in a job
substantially related to the subject being taught.
   (2) Possess a current license as a certified shorthand reporter
and, in addition, either a minimum of two years of experience
teaching the subject being taught or at least two years' work
experience in a job substantially related to the subject being
taught.
   (3) Possess a minimum of four years' experience teaching the
subject being taught or a minimum of four years' work experience in a
job substantially related to the subject being taught.
   (4) Possess a minimum of a Bachelor of Arts or Bachelor of Science
degree in the subject being taught.
   (o) The pass rate of first-time exam takers for each school
offering court reporting shall meet or exceed the average pass rate
of all first-time test takers for a majority of examinations given
for the preceding three years.  Failure to do so shall require the
board to conduct a review of the program.  In addition, the board may
place the school on probation and may withdraw recognition if the
school continues to place below the above described standard on the
two exams that follow the three-year period.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
